Children Act 2001

Imposition of community sanction.

116

116.—(1) Where a court—

( a) has considered a probation officer’s report or any other report made pursuant to this Part,

( b) has heard the evidence of any person whose attendance it may have requested, including any person who made such a report, and

( c) has given the child’s parent or guardian (or, if the child is married, his or her spouse), if present in court for the proceedings, or, if not so present, an adult relative of the child or other adult accompanying the child, an opportunity to give evidence,

it may make an order imposing on the child a community sanction, if it considers that the imposition of such a sanction would be the most suitable way of dealing with the case.

(2) Where the court intends to impose a community sanction it shall explain to the child in open court and in language appropriate to the level of understanding of the child—

( a) why a community sanction is being imposed,

( b) the terms of the sanction and any conditions to which it is being made subject,

( c) the expectation of the court that the child will be of good conduct while the community sanction is in force and the possible consequences for the child of his or her failure to comply with the sanction and any such conditions, and

( d) the expectation of the court that the child’s parents or guardian, where appropriate, will help and encourage the child to comply with the sanction and any such conditions and not commit further offences.

(3) In any case where the court has explained to the child the matters referred to in subsection (2) and the child does not express his or her willingness to comply with the proposed community sanction and any conditions to which it is being made subject, the court may, instead of imposing such a sanction, deal with the case in any other manner in which it may be dealt with.

(4) Where a child fails to comply with a community sanction or any conditions to which it is subject or where for any reason a community sanction is revoked by the court, the court shall not make an order imposing a period of detention on the child unless it is satisfied that detention is the only suitable way of dealing with the child.